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PERMANENT COUNCIL
OEA/Ser.G
CP/INF.3964/96
rev. 1
6
October 1997
Original:
Spanish
CHARTER OF THE ORGANIZATION OF AMERICAN STATES
As
amended by the Protocol of Buenos Aires in 1967,
by
the Protocol of Cartagena de Indias in 1985,
by
the Protocol of Washington in 1992
and
by the Protocol of Managua in 1993
(Published
on a provisional basis)
EXPLANATORY
NOTE
In the
view of the General Secretariat, the integrated text of the Charter of the
Organization of American States—including the amendments thereto contained in
the Protocol of Washington, which has been in force since September 25,
1997—should be published for information purposes and as a preliminary document
of the Permanent Council, without prejudice to its subsequent publication in
the "Treaty Series."
CHARTER
OF
THE ORGANIZATION
OF
AMERICAN STATES
As
amended by the Protocol of Amendment to the Charter of the Organization of
American States "Protocol of Buenos Aires", signed on February 27,
1967, at the Third Special Inter‑American Conference,
by
the Protocol of Amendment to the Charter of the Organization of American States
"Protocol of Cartagena de Indias", approved on December 5, 1985, at
the Fourteenth Special Session of the General Assembly,
by
the Protocol of Amendment to the Charter of the Organization of American States
"Protocol of Washington", approved on December 14, 1992, at the
Sixteenth Special Session of the General Assembly,
and
by the Protocol of Amendment to the Charter of the Organization of American
States "Protocol of Managua", adopted on June 10, 1993, at the
Nineteenth Special Session of the General Assembly.
GENERAL
SECRETARIAT
ORGANIZATION
OF AMERICAN STATES
WASHINGTON,
D.C., 1997
TABLE
OF CONTENTS
Page
Preamble .................................................................................................................. 1
Part
One
Chapter I Nature
and purposes.................................................................................... 2
Chapter II Principles.................................................................................................... 3
Chapter III Members.................................................................................................... 4
Chapter IV Fundamental
rights and duties of States......................................................... 6
Chapter V Pacific
settlement of disputes....................................................................... 8
Chapter VI Collective
security ................................................................................. 8
Chapter VII Integral
Development.................................................................................. 9
Part
Two
Chapter VIII The
organs................................................................................................ 15
Chapter IX The
General Assembly............................................................................... 16
Chapter X The
Meeting of Consultation of Ministers of Foreign Affairs......................... 18
Chapter XI The
councils of the Organization................................................................. 20
Chapter XII The
Permanent Council of the Organization................................................. 21
Chapter XIII The
Inter‑American Council for Integral Development................................. 24
Chapter XIV The
Inter‑American Juridical Committee..................................................... 26
Chapter XV The
Inter‑American Commission on Human Rights...................................... 28
Chapter XVI The
General Secretariat............................................................................. 28
Chapter XVII The
Specialized Conferences...................................................................... 32
Chapter XVIII The
Specialized Organizations.................................................................... 32
Part
Three
Chapter XIX The United Nations.................................................................................... 33
Chapter XX Miscellaneous
provisions............................................................................ 34
Chapter XXI Ratification
and entry into force.................................................................. 35
Chapter XXII Transitory
provisions.................................................................................. 36
CHARTER
OF THE ORGANIZATION OF AMERICAN STATES*
IN THE
NAME OF THEIR PEOPLES, THE STATES REPRESENTED AT THE NINTH INTERNATIONAL
CONFERENCE OF AMERICAN STATES,
Convinced
that the historic mission of America is to offer to man a land of liberty and a
favorable environment for the development of his personality and the
realization of his just aspirations;
Conscious
that that mission has already inspired numerous agreements, whose essential
value lies in the desire of the American peoples to live together in peace and,
through their mutual understanding and respect for the sovereignty of each one,
to provide for the betterment of all, in independence, in equality and under
law;
Convinced
that representative democracy is an indispensable condition for the stability,
peace and development of the region;
Confident
that the true significance of American solidarity and good neighborliness can
only mean the consolidation on this continent, within the framework of
democratic institutions, of a system of individual liberty and social justice
based on respect for the essential rights of man;
Persuaded
that their welfare and their contribution to the progress and the civilization
of the world will increasingly require intensive continental cooperation;
Resolved
to persevere in the noble undertaking that humanity has conferred upon the
United Nations, whose principles and purposes they solemnly reaffirm;
Convinced
that juridical organization is a necessary condition for security and peace
founded on moral order and on justice; and
In
accordance with Resolution IX of the Inter‑American Conference on Problems
of War and Peace, held in Mexico City,
HAVE
AGREED
upon
the following
*Signed in Bogotá in 1948 and amended by the Protocol of
Buenos Aires in 1967, by the Protocol of Cartagena de Indias in 1985, by the
Protocol of Washington in 1992, and by the Protocol of Managua in 1993. In force as of September 25, 1997.
CHARTER
OF THE ORGANIZATION OF AMERICAN STATES
PART
ONE
Chapter
I
NATURE
AND PURPOSES
Article
1
The
American States establish by this Charter the international organization that
they have developed to achieve an order of peace and justice, to promote their
solidarity, to strengthen their collaboration, and to defend their sovereignty,
their territorial integrity, and their independence. Within the United Nations, the Organization of American States is
a regional agency.
The
Organization of American States has no powers other than those expressly
conferred upon it by this Charter, none of whose provisions authorizes it to
intervene in matters that are within the internal jurisdiction of the Member
States.
Article
2
The
Organization of American States, in order to put into practice the principles
on which it is founded and to fulfill its regional obligations under the
Charter of the United Nations, proclaims the following essential purposes:
a) To strengthen the peace and security of
the continent;
b) To promote and consolidate
representative democracy, with due respect for the principle of
nonintervention;
c) To prevent possible causes of difficulties
and to ensure the pacific settlement of disputes that may arise among the
Member States;
d) To provide for common action on the part
of those States in the event of aggression;
e) To seek the solution of political,
juridical, and economic problems that may arise among them;
f) To promote, by cooperative action, their
economic, social, and cultural development;
g) To eradicate extreme poverty, which
constitutes an obstacle to the full democratic development of the peoples of
the hemisphere; and
h) To achieve an effective limitation of
conventional weapons that will make it possible to devote the largest amount of
resources to the economic and social development of the Member States.
Chapter
II
PRINCIPLES
Article
3
The
American States reaffirm the following principles:
a) International law is the standard of
conduct of States in their reciprocal relations;
b) International order consists essentially
of respect for the personality, sovereignty, and independence of States, and
the faithful fulfillment of obligations derived from treaties and other sources
of international law;
c) Good faith shall govern the relations
between States;
d) The solidarity of the American States
and the high aims which are sought through it require the political
organization of those States on the basis of the effective exercise of
representative democracy;
e) Every State has the right to choose,
without external interference, its political, economic, and social system and
to organize itself in the way best suited to it, and has the duty to abstain
from intervening in the affairs of another State. Subject to the foregoing, the American States shall cooperate
fully among themselves, independently of the nature of their political,
economic, and social systems;
f) The elimination of extreme poverty is an
essential part of the promotion and consolidation of representative democracy
and is the common and shared responsibility of the American States;
g) The American States condemn war of
aggression: victory does not give
rights;
h) An act of aggression against one
American State is an act of aggression against all the other American States;
i) Controversies of an international
character arising between two or more American States shall be settled by peaceful
procedures;
j) Social justice and social security are
bases of lasting peace;
k) Economic cooperation is essential to the
common welfare and prosperity of the peoples of the continent;
l) The American States proclaim the
fundamental rights of the individual without distinction as to race,
nationality, creed, or sex;
m) The spiritual unity of the continent is
based on respect for the cultural values of the American countries and requires
their close cooperation for the high purposes of civilization;
n) The education of peoples should be
directed toward justice, freedom, and peace.
Chapter
III
MEMBERS
Article
4
All
American States that ratify the present Charter are Members of the
Organization.
Article
5
Any new
political entity that arises from the union of several Member States and that,
as such, ratifies the present Charter, shall become a Member of the
Organization. The entry of the new
political entity into the Organization shall result in the loss of membership
of each one of the States which constitute it.
Article
6
Any other
independent American State that desires to become a Member of the Organization
should so indicate by means of a note addressed to the Secretary General, in
which it declares that it is willing to sign and ratify the Charter of the
Organization and to accept all the obligations inherent in membership,
especially those relating to collective security expressly set forth in
Articles 28 and 29 of the Charter.
Article
7
The
General Assembly, upon the recommendation of the Permanent Council of the
Organization, shall determine whether it is appropriate that the Secretary
General be authorized to permit the applicant State to sign the Charter and to
accept the deposit of the corresponding instrument of ratification. Both the recommendation of the Permanent
Council and the decision of the General Assembly shall require the affirmative
vote of two thirds of the Member States.
Article
8
Membership
in the Organization shall be confined to independent States of the Hemisphere
that were Members of the United Nations as of December 10, 1985, and the
nonautonomous territories mentioned in document OEA/Ser. P, AG/doc.1939/85, of
November 5, 1985, when they become independent.
Article
9
A Member
of the Organization whose democratically constituted government has been
overthrown by force may be suspended from the exercise of the right to
participate in the sessions of the General Assembly, the Meeting of
Consultation, the Councils of the Organization and the Specialized Conferences
as well as in the commissions, working groups and any other bodies established.
a) The power to suspend shall be exercised
only when such diplomatic initiatives undertaken by the Organization for the
purpose of promoting the restoration of representative democracy in the
affected Member State have been unsuccessful;
b) The decision to suspend shall be adopted
at a special session of the General Assembly by an affirmative vote of
two-thirds of the Member States;
c) The suspension shall take effect
immediately following its approval by the General Assembly;
d) The suspension notwithstanding, the
Organization shall endeavor to undertake additional diplomatic initiatives to
contribute to the re-establishment of representative democracy in the affected
Member State;